Kerala High Court
Merunnisa @ Nissa vs State Of Kerala on 11 April, 2024
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
CRL.MC NO. 2864 OF 2024
CRIME NO.1/2020 OF Kongad Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.420 OF 2020 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II,PALAKKAD
PETITIONER/S:
MERUNNISA @ NISSA
AGED 35 YEARS
D/O. MUHAMMED, NILALA HOUSE, PULAPATTA,
KONIKKAZHI, KONGAD P.O, PALAKKAD DISTRICT, PIN -
678631
BY ADV K.ABOOBACKER SIDHEEQUE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM DISTRICT, PIN - 682031
2 MUSTHAFA
AGED 67 YEARS
S/O. VEERAN SAHIB, NILALA HOUSE, PULAPATTA,
KONIKKAZHI, KONGAD P.O, PALAKKAD DISTRICT, PIN -
678631
3 MUMTHAZ
AGED 43 YEARS
D/O. MUSTHAFA, NILALA HOUSE, PULAPATTA,
KONIKKAZHI, KONGAD P.O, PALAKKAD DISTRICT, PIN -
678631
OTHER PRESENT:
PP NIMA JACOB
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 11.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.2864 of 2024
2
ORDER
Dated this the 11th day of April, 2024
Petitioner is the third accused in Crime No.1
of 2020 registered at the Kongad Police Station
for offences punishable under Sections 447, 323,
324, 294(b) and 341 r/w Section 34 of IPC, now
pending as C.C.No.420 of 2020 on the files of the
Judicial First Class Magistrate Court-II,
Palakkad. The de facto complainant and the injured
witness are arrayed as respondents 2 and 3.
respondent. Annexures-A2 and A3 affidavits have
been filed by respondents 2 and 3 stating that the
dispute, which had compelled them to file the
complaint, leading to registration of the crime,
has been settled amicably and they have no
subsisting grievance against the petitioner.
2. Heard the learned Public Prosecutor also,
who, on instructions, submits that no antecedents
are reported against the petitioner.
3. Having considered the gravity of the
offences alleged, nature of the injury caused and
having perused the affidavits, the contents of
which are vouched to be true and voluntary by the
Counsel for respondents 2 and 3, I am satisfied
that no public interest is involved in this matter
and the dispute has been settled amicably. In view
of the settlement arrived at between the parties,
there is no possibility of the criminal
proceedings ending in conviction. As such,
continuance of the proceedings will amount to an
abuse of process of court and hence, in view of
the legal position set out by the Honourable
Supreme Court in Madan Mohan Abbot v State of
Punjab [(2008) 4 SCC 582] and Gian Singh v State
of Punjab and Another [(2012) 10 SCC 303], there
is no impediment in granting the relief.
In the result, this Crl.M.C is allowed.
Annexure-A1 final report and all further
proceedings in C.C.No.420 of 2020 on the files of
the Judicial First Class Magistrate Court-II,
Palakkad, as against the petitioner, are quashed.
Sd/-
V.G.ARUN
JUDGE
Scl/
PETITIONER ANNEXURES
Annexure-A1 A CERTIFIED COPY OF THE FINAL REPORT
DATED 03.05.2020 CRIME NUMBER 1 OF 2020
OF KONGAD POLICE STATION, PALAKKAD
DISTRICT.
Annexure-A2 ORIGINAL OF THE AFFIDAVIT SWORN INTO BY
THE SECOND RESPONDENT SIGNED DATED
22.02.2024.
Annexure-A3 ORIGINAL OF THE AFFIDAVIT SWORN INTO BY
THE THIRD RESPONDENT SIGNED DATED
22.02.2024.
